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For more than four decades, Fenwick & West LLP has helped some of the world’s most recognized companies become, and remain, market leaders. From emerging enterprises to large public corporations, our clients are leaders in the technology, life sciences and cleantech sectors and are fundamentally changing the world through rapid innovation.  MORE >

Fenwick & West was founded in 1972 in the heart of Silicon Valley—before “Silicon Valley” existed—by four visionary lawyers who left a top-tier New York law firm to pursue their shared belief that technology would revolutionize the business world and to pioneer the legal work for those technological innovations. In order to be most effective, they decided they needed to move to a location close to primary research and technology development. These four attorneys opened their first office in downtown Palo Alto, and Fenwick became one of the first technology law firms in the world.  MORE >

From our founding in 1972, Fenwick has been committed to promoting diversity and inclusion both within our firm and throughout the legal profession. For almost four decades, the firm has actively promoted an open and inclusive work environment and committed significant resources towards improving our diversity efforts at every level.  MORE >

At Fenwick, we are proud of our commitment to the community and to our culture of making a difference in the lives of individuals and organizations in the communities where we live and work. We recognize that providing legal services is not only an essential part of our professional responsibility, but also an excellent opportunity for our attorneys to gain valuable practical experience, learn new areas of the law and contribute to the community.  MORE >

Year after year, Fenwick & West is honored for excellence in the legal profession. Many of our attorneys are recognized as leaders in their respective fields, and our Corporate, Tax, Litigation and Intellectual Property Practice Groups consistently receive top national and international rankings, including:

  • Named Technology Group of the Year by Law360
  • Ranked #1 in the Americas for number of technology deals in 2015 by Mergermarket
  • Nearly 20 percent of Fenwick partners are ranked by Chambers
  • Consistently ranked among the top 10 law firms in the U.S. for diversity
  • Recognized as having top mentoring and pro bono programs by Euromoney

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We take sustainability very seriously at Fenwick. Like many of our clients, we are adopting policies that reduce consumption and waste, and improve efficiency. By using technologies developed by a number of our cleantech clients, we are at the forefront of implementing sustainable policies and practices that minimize environmental impact. In fact, Fenwick has earned recognition in several areas as one of the top US law firms for implementing sustainable business practices.  MORE >

At Fenwick, we have a passion for excellence and innovation that mirrors our client base. Our firm is making revolutionary changes to the practice of law through substantial investments in proprietary technology tools and processes—allowing us to deliver best-in-class legal services more effectively.   MORE >

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AIA Post-Grant Oppositions After 2 Years: Where Do We Go from Here?

October 07, 2014

​Fenwick & West patent partner Stuart Meyer was featured in a Bloomberg BNA Patent, Trademark & Copyright Journal article examining the procedures available for patents issued under the America Invents Act's (AIA) first-inventor-to-file (FITF) system, and the small number of post-grant review (PGR) petitions that have been filed so far.

PGR was created under the AIA to challenge the validity of claims in patents filed on or after March 16, 2013, the date the FITF system took effect, but only two PGR petitions had been filed as of October 2, 2014. The article suggests that the small number of PGR petitions in process may be partly because would-be PGR petitioners are unsure about the new system and so are tying claims to pre-FITF dates.

According to the Journal, Meyer had "interesting observations" about possible reasons why these two PGR petitions were filed despite general hesitation about the new system.

"Since they both involve patents that were based on prior applications, they afford the petitioners certain benefits that might not otherwise be available," Meyer told the publication. "For example, the estoppel provisions that might otherwise cause a potential petitioner to hesitate may not be as scary where the petitioner can still raise similar defenses against a parent patent in court, with the likely result carrying over to the child patent."

In addition, Meyer noted that "since follow-on applications are typically filed to address something not central to the original application, there is an obvious increased likelihood that they will be examined to see whether the various [written description and enablement] requirements of Section 112 are met."

Meyer added that, with regard to Patent Trial and Appeal Board (PTAB) scrutiny of Section 112 issues generally, "it seems reasonable to assume that the PTAB is not going to be as deferential to Section 112 issues as a court might be," and that "a technically trained administrative patent judge will be more willing than a district court judge to delve into the nuances of Section 112, whether the invention deals with a mechanical device or a pharmaceutical formulation."

The full article is available through the Bloomberg BNA Patent, Trademark & Copyright Journal (subscription required).